NRS § 207.200 – “Trespassing” Laws in Las Vegas, Nevada

Nevada NRS § 207.200 defines the crime of trespassing as entering someone else’s property without permission, or remaining on their property after being instructed to leave. Most Las Vegas trespass cases involve casino patrons who allegedly refuse the security officers’ orders to exit the premises.

Trespassing is a misdemeanor with a penalty of up to 6 months in jail and a fine of up to $1,000. The following table elaborates on the potential consequences of a trespass conviction:

Nevada Trespass Punishments
Fines	$1,000
Jail	Up to 6 months in jail
Probation possible?	Yes
Other	Restitution and/or restraining orders
Record seal wait time	1 year after the case closes
Immigration consequences	None

Below our Las Vegas criminal defense attorneys discuss:

• 1. “Trespass” Defined
• 2. Penalties
• 3. Defenses
• 4. Out-of-Town Defendants
• 5. Record Sealing
• 6. Immigration Consequences
• 7. Legislative History
• 8. Related Offenses
• 9. Civil Trespassing Laws
• Additional Reading

1. “Trespass” Defined

NRS 207.200 defines “trespass” in Nevada as either:

1. Going onto another person’s property with the intent to annoy the owner or occupant or to commit a crime there,¹ or
2. Willfully going on or remaining on another person’s property after having been warned during the previous 24 months by the owner or occupant not to trespass.²

In short, you face a trespass citation or arrest by going – or remaining on – other people’s land without their consent.

Las Vegas Casino Trespass Arrests

The word “trespass” brings to mind intruders climbing over fences in defiance of NO TRESPASSING signs. In Nevada however, the typical trespass arrest happens after a casino security guard asks a rowdy or intoxicated patron to leave, and the patron refuses.

It makes no difference that casinos are public places. Nor does it matter if the security guard is mistaken about you having violated any casino rules: If someone with authority over the casino orders you to leave, you must comply or risk a trespass citation.³

Another common trespass scenario concerns patrons who return to casinos from which they have already been banned (“trespassed”). If you are banned but still have belongings in a hotel room, the best thing to do is to kindly ask the security guard to escort you to the room so you can gather your things.

Note that casinos may also ask you to leave for carrying guns even if you are legally allowed to possess them. Learn more about concealed carry in Nevada casinos.

Length And Scope Of Casino Trespass Bans

Every casino has its own policies for how long a ban on a particular patron lasts, and many casinos never give banned patrons written confirmation of the ban. Note, however, that casino bans usually extend to all the casino’s sister properties.

In practice, the Clark County District Attorney rarely presses trespass charges stemming from bans that are more than two years old. In any case, you are advised to retain legal counsel to investigate how long your ban is in place for and if it can be lifted. Even if you are permanently trespassed, you might be able to apply for reinstatement after six months or so.

How Casino Trespass Arrests Play Out

If a casino security guard in Nevada suspects you of violating NRS 207.200, security will take you to a detention room. At that point, either one of three things will occur:

1. Security contacts the police, who will then arrest and book you in jail; or
2. Security contacts the police, who will then issue you a citation; or
3. Security releases you after getting your contact information. If the D.A. decides to press charges, they will mail you a summons.⁴

If you receive a citation or a summons with orders to appear at an arraignment, do not ignore it. Failing to appear in court (NRS 199.335) is a separate crime, and the judge will issue a bench warrant for your arrest.⁵ Since trespass is such a minor offense, you can usually avoid appearing in court as long as you hire an attorney to go for you.

Other Trespass Situations In Nevada

The Nevada crime of trespass can also occur at residences and other businesses. Tenants have the same right as property owners to order people to stay away.⁶

Note that Nevada law automatically presumes you are guilty of trespass if you are found on someone else’s private property which is fenced in or marked with “no trespassing signs,” even if you did not realize you were trespassing.⁷ However if a landowner or tenant verbally admonishes you to leave, the police will typically not arrest you as long as you leave quickly.

A different statute – NRS 207.203 – makes it a misdemeanor for people with three or more solicitation of prostitution convictions in the last five years to trespass at a casino.

Even base-jumping from another’s property is considered trespass under another statute – NRS 207.204 – unless it is an emergency situation or the person has a permit. Here, though, a violation is a category E felony.

2. Penalties

Trespass under NRS 207.200 is a misdemeanor in Nevada, carrying a punishment of:

• Up to six (6) months in jail, and/or
• Up to a $1,000 fine.⁸

Since trespass is relatively minor and non-violent, Las Vegas judges rarely impose jail if you are a first-time offender. Repeat trespass offenders are more vulnerable to incarceration.

Trespass Dismissals

The Clark County District Attorney may allow you to take a submittal to trespass: This means that the trespass case will be completely dismissed without a trial once you:

• Pay a small fine, and
• Avoid further arrests (“stay out of trouble”) until the fine is fully paid.

Since there is no conviction, you are free to pursue a record seal as soon as the case ends. (Scroll down to section 5 for more information about record seals.)

Pleading Down To Trespass

Because trespass is such a low-level offense, we frequently try to get more serious charges reduced to trespass as part of a plea bargain.

For example, the D.A. may agree to change a prostitution charge to trespass. By pleading to trespass, you avoid trial and escape the social stigma of having a prostitution conviction show up on your criminal record.

Trespass with a Deadly Weapon

If you have a deadly weapon (such as a gun) while trespassing in a building, you will likely be charged with burglary (NRS 205.060). However, the prosecutor would have to prove you intended to commit larceny, assault, battery, or a felony while inside.

Burglary with a deadly weapon is a category B felony carrying two to 15 years in prison.

Trespassing with a Camera

Trespassing with a camera with the intent to spy through a window, door or other openings is charged as peering (NRS 200.603). This is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with trespass. In our experience, the following four defenses have proven very effective with prosecutors and judges at getting the charge dismissed.

(Note that it is generally not a defense that you had no intention to break the law.)⁹

You Had The Right To Be On The Property

If you have the right to be on another’s property, you are not committing trespass unless someone with a greater right to the property orders you to leave.

Your right to be somewhere turns on the location itself: Businesses such as casinos or shopping malls are usually open to the general public unless you are specifically asked to leave. This is unlike private homes, where you generally need prior consent of the owner or occupant before you can legally be there as a guest.

You Had Consent To Be On The Property

Trespass charges should not stand if the owner or occupant of the premises consented to you being there. So if you are invited to a party or event, you may stay until the owner or occupant requests that you leave.

Proving consent can be challenging if there is no written or audio record of it. So we would try to find other evidence such as eyewitnesses.

There Was Insufficient Warning Against Trespassing

Nevada landowners are required to give you sufficient notice that you are not allowed on their property. Trespass charges may be dismissed if the landowner fails to adhere to these guidelines.

Nevada recognizes any of the following four methods as sufficient warning against trespassing:

1. Fencing. This can include a wall, hedge, or chain link or wire mesh fence, but not barbed wire.
2. No trespass signs. They must mark each corner of the land’s boundary. Plus they must be close enough so that if you are at one sign, you can see another. They can never be more than 500 feet apart.
3. Farmland. Cultivated land (with crops) is the same as a “no trespass” sign.
4. Fluorescent orange paint: The paint must cover no less than 50 square inches of a structure or natural object or the top 12 inches of a post (whether made of wood, metal or other material). The paintings must be close enough together so if you are at one painting, you can see another. They can never be more than 1,000 feet apart. Paint must also mark each corner of the land’s boundary. Finally, there must also be paint on each side of all gates, cattle guards and openings that are designed to allow human ingress to the area.¹⁰

Therefore, it may be possible to have trespass charges dismissed if the evidence shows that the fencing or signs were unfinished, in disrepair, or if a reasonable person would not realize the fence’s or sign’s purpose.

You Were Exercising Constitutional Rights

In some cases, the strongest defense to NRS 207.200 charges is the right to free speech under the First Amendment of the United States Constitution.¹¹ However, free speech factors in only when the property at issue is a public forum such as a street or sidewalk.¹²:

Example: Lee and Leah are on a public sidewalk outside a Green Valley abortion clinic. They are waving pro-life signs. Then Leah goes inside the abortion clinic and refuses to leave when employees there ask her to. Then the police come and arrest both Lee and Leah for trespass.

The D.A. may drop the trespass charges against Lee because protesting in public areas is free speech. However, Leah’s protest encroached on private space, and then she refused to leave. So her trespass charge may stand.

4. Out-of-Town Defendants

If you live out of state and pick up a trespass case in Nevada, you usually do not have to appear in court as long as you hire a local attorney to appear for you.

Missing court – or not hiring counsel to appear – is a crime, and judges issue bench warrants for no-shows. Once you have a bench warrant, you can be arrested at any time (usually during traffic stops). However, police rarely extradite misdemeanor defendants to Nevada.

5. Record Sealing

Trespass convictions are sealable in Nevada one year after the case ends.¹³ Meanwhile, trespass dismissals are sealable right away.¹⁴

Violating NRS 207.200 may be just a misdemeanor, but it still looks bad on background checks and may cause employers to pass you over. Learn more about sealing criminal records in Nevada.

6. Immigration Consequences

An NRS 207.200 violation is not deportable.¹⁵ So non-citizens with trespass convictions should not face deportation.

Still, immigration law is constantly changing. Any immigrant facing criminal charges should seek legal counsel.

7. Legislative History

Going onto or remaining on another’s property without consent has been illegal since Nevada became a state in 1864. However, many early trespass cases involved mining claims instead of casinos.¹⁶

Recent changes the Nevada Legislature made to NRS 207.200 are:

• In 2005, AB 190 affirmed that peering (NRS 200.603) can potentially carry stiffer sentences than trespass.
• In 2007, AB 80 redefined what constitutes adequate fencing and posting to give the public sufficient notice that they are trespassing.
• In 2009, AB 286 clarified that invited guests can still get convicted of trespass if they remain on the property after being asked to leave.
• In 2019, SB 221 further redefined what constitutes adequate fencing and posting to give the public sufficient notice that they are trespassing.

8. Related Offenses

• Burglary (NRS 205.060) is entering any structure or vehicle with the intent to commit a theft, battery or a felony inside. Trespass is not a “lesser-included” offense of burglary, which means that a burglary conviction does not automatically mean a trespass occurred.¹⁷
• Home invasion (NRS 205.067) is the forcible entry into an inhabited dwelling without permission. As opposed to trespass, home invasion applies only to residences and requires a “breaking in.”
• Loitering (NRS 207.270) is hanging out near a school or public place where children normally congregate if you have no legitimate reason to be there.
• Unlawful reentry (NRS 205.082) is reentering property you previously occupied without the owner’s permission. This crime typically occurs following an eviction.

9. Civil Trespassing Laws

If someone is trespassing on your property in Nevada, call the police or file a police report about the trespass. If possible, try to videotape or photograph the trespass to serve as evidence.

You may also file a civil lawsuit against the trespasser. As the plaintiff, you would need to prove the following four elements:

1. The defendant (trespasser) went on your property;
2. The defendant acted intentionally (not accidentally);
3. The trespass caused damages (such as property damage or loss of enjoyment of property); and
4. You suffered harm.¹⁸

Criminal Versus Civil Cases

A trespasser can be acquitted of criminal trespass and still lose a civil trespass lawsuit, and vice versa. Criminal trespass and civil trespass are separate legal matters.

In fact, it is easier for a trespassing defendant to win a criminal case than a civil case. That is because in a criminal case, the prosecution has to prove guilt beyond a reasonable doubt – a very high bar.

Meanwhile in a civil lawsuit, you have to show only by a preponderance of the evidence (that it is “more likely than not”) that the defendant trespassed. This leaves plenty of room for reasonable doubt.

Damages

If the defendant caused property damage, you can ask the court for compensatory damages to cover the cost of any repairs. If no damage was done, you can still ask the court for nominal damages.

In some cases, you may be eligible for punitive damages to punish the defendant. Courts usually award punitive damages if the defendant acted maliciously or in a particularly egregious way.

Legal Duty To Trespassers

You owe no legal duty of care to trespassers. You do not have to:

• warn against property hazards as you would have to for social guests (“licensees”), or
• keep the premises safe as you would have to for customers (“invitees”).

Therefore, the only obligation you have to trespassers is not to intentionally hurt them (unless they pose a threat to you).¹⁹

Self-Defense

If a trespasser is posing an immediate threat of injury to you, you can act in self-defense with reasonable and proportional force.

In Nevada, you do not have a duty to retreat when an intruder breaks into your residence or vehicle; under the Castle Doctrine, you can even use deadly force to prevent what reasonably appears to be a home invasion.²⁰

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Trespass, Crime and other Offenses a Venue Exception – Baylor Law Review.
• Trespass-Zoning: Ensuring Neighborhoods a Safer Future by Excluding Those with a Criminal Past – Notre Dame Law Review.
• Private Property and Public Order: The Hippy Convoy and Criminal Trespass – Journal of Law and Society.
• Larceny and Trespass – Law Quarterly Review.
• A Trespass Framework for the Crime of Hacking – George Washington Law Review.

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Legal References